Nicholas Pasquale’s Answers

Is this considered child abandonment?

I share 2 girls with the same father. He sees our 12yr old regularly, supports her & shows interest in her life. Our 4month old he never acknowledges. He has 8 children total with other women & sees & supports them all. He doesn't ask how our 4m.o...

Nicholas’s Answer

August 17, 2017 11:06am

No. Firstly, dad's rights to the younger child have not been established yet - this is the purpose of your upcoming hearing. If he currently has no rights to the child, he has nothing that he could abandon.

If a paternity hearing (establishment) is going to be held before the court, then the court is involved. If custody, placement, and support are agreed upon (or if dad does not appear), the court will enter final judgment most likely in accordance with your requests (or support agency's) on those issues. If dad appears and contests your requests, the court will, depending on your county, enter a temporary order on those issues and refer you and dad to mediation to discuss custody/placement. If mediation does not produce a complete agreement on those issues, the court will then appoint a Guardian ad Litem to represent what s/he believes to be in your child's best interests.

Can I quit claim my home to my son if I am the sole owner even if I am married?

getting a divorce and what secure my children a place to live.

Nicholas’s Answer

July 20, 2017 10:40am

If you involved in a divorce case pending before the Court, then you and your spouse are, with limited exceptions, prohibited from transferring, destroying, concealing, borrowing against, or selling ANY PROPERTY, regardless if titled in only one spouse's name, while the case is pending unless you have obtain either the consent from the spouse or permission from the Court. You can be held in contempt of court for violating this rule.

If a divorce petition has not been filed yet, there is nothing prohibiting you from transferring the asset; however, the court will likely view your transfer as marital waste (and spouse will still receive the benefit of the community property interest when the property division analysis is performed). Also, your spouse, even without a divorce action, can sue you for inter-spousal relief to recover her interest in the property transferred.

Before you transfer any of your property, consult and hire an attorney. The consequences may be severe if you fail to do so.

How do I evict family members

My wife and I allowed her niece and two children to move in with us temporary for 45 days rent free. They have now been here for 60 days with no end in sight. They have paid nothing even tho she works full time. She ended up working nights and eve...

Nicholas’s Answer

November 2, 2016 12:09pm

Unless a tenancy has been established, you can just tell them to get out without filing an eviction action - and if they don't get out contact the police or file a trespass civil action. Tenancy is established based upon looking at the conduct of possible tenants and you - did they pay rent to you or any contribution toward the household bills? Did they move all or most of their belongings to the house? What were the specific discussions regarding the stay with you? If a tenancy is formed, and there is no written agreement with provisions to the contrary, the tenancy will be considered month-to-month. The landlord (you) then must give to the tenant proper notice of termination of the tenancy (at least 28 days notice) before you an eviction action is filed with the court. Consult with an experienced landlord-tenant attorney in your area.

Can I tell the person who has temporary guardianship of my 3 children when and how long I want my kids for at my house

I gave temporary guardianship of my children while I was in prison and while the mother was battling with addiction problems. Initially the grandma said once I'm out and the mother gets clean that we can get them back and the judge said the thing....

Nicholas’s Answer

November 2, 2016 11:54am

Guardianship refers to the legal proceeding whereby a court grants to a non-parent authority over someone else (child or adult) that is superior to the person who has authority (such as the parent or the individual if an adult ward). When you say you gave temporary guardianship to your mother, was this through a guardianship action through the court? If not, then there is no guardianship order giving your mother any authority, let alone authority superior to yours. If there was a guardianship action that resulted in a guardianship order, then you need to look at the order to see what authority was granted to your mother. If there is an order, and you believe the mother is not complying with its terms, you could always seek enforcement and/or modification of the order. Hope this helps.

Is it possible to change the child placement with a written agreement between both parents instead of going through the court?

I am have joint custody of my children, however, primary placement is not with me. My children are 9 and 11. I currently get to see them every other weekend. My children keep asking me if they can stay with me for a week then with the other parent...

Nicholas’s Answer

February 1, 2016 8:59pm

Absolutely, just make sure that it is a written agreement submitted to the court for approval. You can find the appropriate form on the Wisconsin Circuit Court website.

Do I have any rights to my stepchild while husband is in jail?

My husband will be serving 90 days and his ex is refusing us any visits during that time. My stepdaughter is 7 and I have been around since she was one. We were married a year a half ago and have a 4 year old together. Its going to be hard for our...

Nicholas’s Answer

November 24, 2015 1:46pm

You can file a motion for third-party placement, but by the time the motion is considered by the court it is likely that the 90 day sentence will have been served. Furthermore, your third-party placement motion would draw attention to the fact that your husband was incarnated, leaving your husband exposed to possible significant changes to the placement order given the order language you described. Absent a court order stating you have time with the child, there is nothing you can do.

Can I change my child's last name?

I have sole custody and physical placement of my child. My ex has been court ordered for no placement, and has not seen her in several years. Can I change her last name to mine?

Nicholas’s Answer

November 8, 2015 2:22pm

Selected as best answer

You can file a name change petition, but you will need to serve the other parent with the notice and petition for the name change if the child is under 14 years old. If the other parent objects to the name change, the court will need to decide whether to grant the name change request. Given the facts you outlined, I think a court would grant the name change.

If the child is 14 years old or older, you can file without notice to the other parent. As you have sole legal custody, it is within your authority to request the name change without the consent of the other parent.

I have a judgment for a hospital bill that was not mine or any of my families. It is from over 10 years ago. What can I do?

There is a company trying to collect on this judgment. They added someone else bill to the judgment and now it looks like I am stuck having to pay for it.

Nicholas’s Answer

September 4, 2015 11:07pm

You can try filing a motion for relief from judgment requesting the court to address the issue. However, the timeliness of the motion would weigh against the request. Do you have a substantial amount of other debts? If so, you may want to consider a bankruptcy filing. Also available to you is a Wisconsin Voluntary Amortization of Debts action, but you would have to pay the balance of the debt off over no more than 36 months.